Legal Question in Personal Injury in Pennsylvania

My son crashe my car 2 years ago. We had no insurance at the time. It was a non-reportable accident. I drove the car home and put it in the garage until I could afford to fix it. The car is financed. I am behind on my payments, and the finance company is threatening repossesion. I can't afford to fix it, and I really can't afford the monthly payments. If it gets repossesed, is my son or I open to charges for the lack of insurance? Will the finance company sue me for the balance of the note? I can't sell the car because I don't own it, and I can no longer afford my monthly payments. I owe quite a bit more than the car is worth. I owe about $12,000


Asked on 5/19/10, 5:17 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

The title owner is the person legally required to insure the vehicle. Failure to insure the vehicle is an offense but it is unlikely that repossession would trigger eenforcement of that law. Failure to insure the vehicle renders the medical benefit protection coverage (PIP) on any other vehicle you do insure useless. The financing company can sue for the balance on the note after repossession and auction of the vehicle. You should speak to a personal bankruptcy attorney.

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Answered on 5/24/10, 5:26 am


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